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A BILL TO BE ENTITLED
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AN ACT
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relating to the amounts, availability, and use of certain |
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statutorily dedicated revenue and accounts; reducing or affecting |
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the amounts of certain statutorily dedicated fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 102.015, Code of Criminal Procedure, is |
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amended by amending Subsection (g) and adding Subsections (g-1) and |
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(h-1) to read as follows: |
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(g) The comptroller shall deposit the funds received under |
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this article to the credit of a dedicated account in the general |
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revenue fund to be known as the truancy prevention and diversion |
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fund. Subject to Subsection (g-1), the [The] legislature may |
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appropriate money from the account only to: |
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(1) the criminal justice division of the governor's |
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office for distribution to local governmental entities for truancy |
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prevention and intervention services; and |
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(2) the Texas Education Agency for distribution to |
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school districts for truancy prevention and intervention services |
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and programs. |
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(g-1) The legislature may appropriate money from the |
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truancy prevention and diversion fund to the Texas Education Agency |
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for a state fiscal biennium only if: |
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(1) the amount of money appropriated from the fund to |
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the criminal justice division of the governor's office for that |
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biennium is at least equal to the amount of money appropriated from |
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the fund to the criminal justice division of the governor's office |
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for the previous state fiscal biennium; and |
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(2) the amount of money appropriated from the fund for |
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that biennium does not exceed the amount of money that the |
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comptroller will deposit into the fund for that biennium, as |
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estimated by the comptroller's biennial revenue estimate. |
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(h-1) A school district may request an amount of money from |
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the Texas Education Agency for providing truancy prevention and |
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intervention services and programs. The agency may award the |
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requested amount based on the availability of appropriated money |
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and subject to the application procedures and eligibility |
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requirements as determined by agency rules. |
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SECTION 2. Section 56.0092(e), Education Code, is amended |
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to read as follows: |
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(e) An appropriation under Subsection (d) must be made in |
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accordance with a formula, adopted by coordinating board rule, that |
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[the coordinating board determines fairly] allocates the |
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appropriated amount only to those eligible institutions at which |
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the Texas B-On-time student loan program was underutilized. For |
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purposes of this subsection, the Texas B-On-time student loan |
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program is considered to have been underutilized by students of an |
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institution [in any period] if the [institution's percentage of
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the] total amount of tuition set aside by the institution [all
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institutions] under the program during the period beginning with |
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the 2007 state fiscal year and ending with the 2015 state fiscal |
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year [during the period] was greater than the total amount of |
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assistance received by the institution's students [institution's
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percentage of all students who received a Texas B-On-time student
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loan] under the program during that [for the same] period. The |
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formula must allocate the appropriated amount among those |
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institutions so that each institution receives a percentage of the |
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amount appropriated that is proportional to the institution's share |
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of the total amount of unused set-asides for the period contributed |
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by those institutions. For purposes of this subsection, the amount |
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of an institution's unused set-asides is the amount by which the |
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total amount of tuition set aside by the institution under the |
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program exceeds the total amount of assistance received by the |
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institution's students under the program [The coordinating board
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shall base the coordinating board's determination on a period of
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academic years occurring before the 2015-2016 academic year that
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the coordinating board considers representative of eligible
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institutions' student participation in the Texas B-On-time student
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loan program]. |
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SECTION 3. Section 134.004(b), Education Code, is amended |
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to read as follows: |
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(b) Grants may be awarded under this chapter [from the Jobs
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and Education for Texans (JET) fund] to defray the start-up costs |
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associated with the development of new career and technical |
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education programs at public junior colleges, public technical |
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institutes, public state colleges, and independent school |
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districts described under Section 134.007 that meet the |
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requirements of Section 134.006. |
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SECTION 4. Section 403.095, Government Code, is amended by |
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amending Subsections (b), (d), and (f) and adding Subsection (e) to |
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read as follows: |
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(b) Notwithstanding any law dedicating or setting aside |
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revenue for a particular purpose or entity, dedicated revenues that |
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on August 31, 2021 [2019], are estimated to exceed the amount |
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appropriated by the General Appropriations Act or other laws |
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enacted by the 86th [85th] Legislature are available for general |
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governmental purposes and are considered available for the purpose |
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of certification under Section 403.121. |
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(d) Following certification of the General Appropriations |
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Act and other appropriations measures enacted by the 86th [85th] |
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Legislature, the comptroller shall reduce each dedicated account as |
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directed by the legislature by an amount that may not exceed the |
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amount by which estimated revenues and unobligated balances exceed |
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appropriations. The reductions may be made in the amounts and at the |
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times necessary for cash flow considerations to allow all the |
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dedicated accounts to maintain adequate cash balances to transact |
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routine business. The legislature may authorize, in the General |
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Appropriations Act, the temporary delay of the excess balance |
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reduction required under this subsection. This subsection does not |
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apply to revenues or balances in: |
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(1) funds outside the treasury; |
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(2) trust funds, which for purposes of this section |
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include funds that may or are required to be used in whole or in part |
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for the acquisition, development, construction, or maintenance of |
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state and local government infrastructures, recreational |
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facilities, or natural resource conservation facilities; |
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(3) funds created by the constitution or a court; or |
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(4) funds for which separate accounting is required by |
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federal law. |
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(e) Notwithstanding Subsection (b), dedicated revenues in |
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the following accounts or funds or that by law are directed to be |
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deposited to the credit of the following accounts or funds are not |
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available for general governmental purposes and are not considered |
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available for certification under Section 403.121: |
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(1) the Texas Department of Insurance operating |
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account no. 0036; |
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(2) the lifetime license endowment account no. 0544; |
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(3) the permanent fund for health and tobacco |
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education and enforcement account no. 5044; |
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(4) the permanent fund for children and public health |
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account no. 5045; |
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(5) the permanent fund for emergency medical services |
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and trauma care account no. 5046; |
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(6) the permanent fund for rural health facility |
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capital improvement account no. 5047; |
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(7) the permanent hospital fund for capital |
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improvements and the Texas Center for Infectious Disease account |
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no. 5048; |
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(8) the child abuse and neglect prevention operating |
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fund account no. 5084; |
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(9) the child abuse and neglect prevention trust fund |
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account no. 5085; and |
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(10) the separate fund account of each institution of |
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higher education in the general revenue fund. |
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(f) This section expires September 1, 2021 [2019]. |
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SECTION 5. Section 386.051(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Under the plan, the commission and the comptroller shall |
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provide grants or other funding for: |
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(1) the diesel emissions reduction incentive program |
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established under Subchapter C, including for infrastructure |
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projects established under that subchapter; |
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(2) the motor vehicle purchase or lease incentive |
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program established under Subchapter D; |
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(3) the air quality research support program |
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established under Chapter 387; |
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(4) the clean school bus program established under |
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Chapter 390; |
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(5) the new technology implementation grant program |
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established under Chapter 391; |
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(6) the regional air monitoring program established |
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under Section 386.252(a); |
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(7) a health effects study as provided by Section |
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386.252(a); |
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(8) air quality planning activities as provided by |
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Section 386.252(d); |
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(9) a contract with the Energy Systems Laboratory at |
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the Texas A&M Engineering Experiment Station for computation of |
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creditable statewide emissions reductions as provided by Section |
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386.252(a); |
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(10) the clean fleet program established under Chapter |
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392; |
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(11) the alternative fueling facilities program |
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established under Chapter 393; |
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(12) the natural gas vehicle grant program established |
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under Chapter 394; |
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(13) other programs the commission may develop that |
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lead to reduced emissions of nitrogen oxides, particulate matter, |
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or volatile organic compounds in a nonattainment area or affected |
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county; |
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(14) other programs the commission may develop that |
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support congestion mitigation to reduce mobile source ozone |
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precursor emissions; |
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(15) the seaport and rail yard areas emissions |
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reduction program established under Subchapter D-1; |
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(16) conducting research and other activities |
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associated with making any necessary demonstrations to the United |
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States Environmental Protection Agency to account for the impact of |
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foreign emissions or an exceptional event; |
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(17) studies of or pilot programs for incentives for |
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port authorities located in nonattainment areas or affected |
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counties as provided by Section 386.252(a); [and] |
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(18) the governmental alternative fuel fleet grant |
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program established under Chapter 395; |
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(19) energy efficiency upgrades for state facilities; |
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(20) a vehicle emissions inspection and maintenance |
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program administered by the Department of Public Safety; and |
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(21) a contract with the Texas A&M Transportation |
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Institute to conduct a study as provided by Section 386.252(a). |
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SECTION 6. Section 386.252(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Money in the fund may be used only to implement and |
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administer programs established under the plan. Subject to the |
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reallocation of funds by the commission under Subsection (h), money |
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appropriated to the commission to be used for the programs under |
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Section 386.051(b) shall initially be allocated as follows: |
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(1) four percent may be used for the clean school bus |
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program under Chapter 390; |
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(2) three percent may be used for the new technology |
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implementation grant program under Chapter 391, from which at least |
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$1 million will be set aside for electricity storage projects |
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related to renewable energy; |
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(3) five percent may be used for the Texas clean fleet |
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program under Chapter 392; |
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(4) not more than $3 million may be used by the |
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commission to fund a regional air monitoring program in commission |
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Regions 3 and 4 to be implemented under the commission's oversight, |
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including direction regarding the type, number, location, and |
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operation of, and data validation practices for, monitors funded by |
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the program through a regional nonprofit entity located in North |
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Texas having representation from counties, municipalities, higher |
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education institutions, and private sector interests across the |
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area; |
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(5) 10 percent may be used for the Texas natural gas |
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vehicle grant program under Chapter 394; |
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(6) not more than $6 million may be used for the Texas |
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alternative fueling facilities program under Chapter 393, of which |
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a specified amount may be used for fueling stations to provide |
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natural gas fuel, except that money may not be allocated for the |
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Texas alternative fueling facilities program for the state fiscal |
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year ending August 31, 2019; |
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(7) not more than $750,000 may be used each year to |
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support research related to air quality as provided by Chapter 387; |
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(8) not more than $200,000 may be used for a health |
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effects study; |
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(9) at least $6 million but not more than $8 million is |
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allocated to the commission for administrative costs, including all |
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direct and indirect costs for administering the plan, costs for |
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conducting outreach and education activities, and costs |
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attributable to the review or approval of applications for |
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marketable emissions reduction credits; |
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(10) six percent may be used by the commission for the |
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seaport and rail yard areas emissions reduction program established |
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under Subchapter D-1; |
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(11) five percent may be used for the light-duty motor |
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vehicle purchase or lease incentive program established under |
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Subchapter D; |
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(12) not more than $216,000 is allocated to the |
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commission to contract with the Energy Systems Laboratory at the |
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Texas A&M Engineering Experiment Station annually for the |
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development and annual computation of creditable statewide |
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emissions reductions obtained through wind and other renewable |
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energy resources for the state implementation plan; |
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(13) not more than $500,000 may be used for studies of |
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or pilot programs for incentives for port authorities located in |
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nonattainment areas or affected counties to encourage cargo |
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movement that reduces emissions of nitrogen oxides and particulate |
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matter; [and] |
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(14) not more than $250,000 shall be allocated to the |
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commission to contract with the Texas A&M Transportation Institute |
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to conduct a study to evaluate the relationship between traffic |
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congestion and ozone precursors and to identify effective |
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strategies in reducing nitrogen oxide emissions from |
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transportation sources; and |
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(15) the balance is to be used by the commission for |
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the diesel emissions reduction incentive program under Subchapter C |
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as determined by the commission. |
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SECTION 7. Section 40.151, Natural Resources Code, is |
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amended by amending Subsections (a) and (b) and adding Subsection |
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(e) to read as follows: |
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(a) The purpose of this subchapter is to provide immediately |
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available funds for: |
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(1) response to all unauthorized discharges, [for] |
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cleanup of pollution from unauthorized discharges of oil, and [for] |
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payment of damages from unauthorized discharges of oil; |
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(2) [, and for] erosion response projects under |
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Subchapter H, Chapter 33; and |
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(3) coastal resiliency projects identified in the |
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Texas Coastal Resiliency Master Plan published by the General Land |
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Office in 2017 or a successor plan. |
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(b) The coastal protection fund is established in the state |
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treasury to be used by the commissioner as a nonlapsing revolving |
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fund only for carrying out the purposes of this chapter and other |
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purposes listed in Subsection (a) [of Subchapter H, Chapter 33]. To |
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this fund shall be credited all fees, penalties, judgments, |
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reimbursements, proceeds from the sale of a vessel or structure |
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removed under Section 40.108, money forfeited under Section |
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77.119(e), Parks and Wildlife Code, interest or income on the fund, |
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and charges provided for in this chapter and the fee revenues |
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levied, collected, and credited pursuant to this chapter. The fund |
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shall not exceed $50 million. |
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(e) This subchapter does not authorize the General Land |
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Office to carry out a coastal resiliency project described by |
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Subsection (a)(3) that the General Land Office is not authorized by |
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other law to carry out. |
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SECTION 8. Section 40.152(a), Natural Resources Code, is |
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amended to read as follows: |
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(a) Money in the fund may be disbursed for the following |
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purposes and no others: |
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(1) administrative expenses, personnel and training |
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expenses, and equipment maintenance and operating costs related to |
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implementation and enforcement of this chapter; |
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(2) response costs related to abatement and |
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containment of actual or threatened unauthorized discharges of oil |
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incidental to unauthorized discharges of hazardous substances; |
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(3) response costs and damages related to actual or |
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threatened unauthorized discharges of oil; |
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(4) assessment, restoration, rehabilitation, or |
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replacement of or mitigation of damage to natural resources damaged |
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by an unauthorized discharge of oil; |
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(5) in an amount not to exceed $50,000 annually, the |
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small spill education program; |
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(6) in an amount not to exceed $1,250,000 annually, |
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interagency contracts under Section 40.302; |
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(7) the purchase of response equipment under Section |
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40.105 within two years of the effective date of this chapter, in an |
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amount not to exceed $4 million; thereafter, for the purchase of |
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equipment to replace equipment that is worn or obsolete; |
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(8) other costs and damages authorized by this |
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chapter; |
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(9) in an amount not to exceed the interest accruing to |
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the fund annually, erosion response projects under Subchapter H, |
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Chapter 33; [and] |
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(10) coastal resiliency projects identified in the |
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Texas Coastal Resiliency Master Plan published by the General Land |
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Office in 2017 or a successor plan; and |
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(11) in conjunction with the Railroad Commission of |
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Texas, costs related to the plugging of abandoned or orphaned oil |
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wells located on state-owned submerged lands. |
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SECTION 9. Section 40.153, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 40.153. REIMBURSEMENT OF FUND. The commissioner shall |
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recover to the use of the fund, either from persons responsible for |
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the unauthorized discharge or otherwise liable or from the federal |
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fund, jointly and severally, all sums owed to or expended from the |
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fund. This section does not apply to sums expended under Section |
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40.152(a)(9) or (10). |
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SECTION 10. Section 40.161(c), Natural Resources Code, is |
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amended to read as follows: |
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(c) This section does not apply to a sum expended under |
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Section 40.152(a)(9) or (10). |
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SECTION 11. The following are repealed: |
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(1) Section 134.002, Education Code; |
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(2) Section 411.042(e), Government Code; and |
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(3) Section 111.060, Human Resources Code. |
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SECTION 12. As soon as practicable after the effective date |
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of this Act, the comptroller of public accounts shall abolish the |
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following accounts and transfer any unobligated and unexpended |
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balances in those accounts to the general revenue fund: |
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(1) the Comprehensive Rehabilitation Account |
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No. 0107; |
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(2) the Jobs and Education for Texans (JET) Account |
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No. 5143; and |
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(3) the Operators and Chauffeurs License Account |
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No. 0099. |
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SECTION 13. This Act takes effect September 1, 2019. |